Case 3335571/2018 · Employment Tribunal
Mrs M Wisniewska, HR Consultant For the v Respondent — 2021
- Case reference
- 3335571/2018
- Decision date
- 13 July 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ord Members
- Panel members
- Mrs C A Smith, Mrs W Smith
Parties
1 namedClaimant
Mrs M Wisniewska, HR Consultant For the
Respondent
- —
Key findings
Tribunal's reasoningThe Tribunal unanimously recorded that the complaints of unlawful deductions from wages, unpaid holiday pay, and breach of contract were dismissed on withdrawal. It also found that the Claimant’s complaint that he had been automatically unfairly dismissed was not well founded, and that his complaint of unlawful discrimination on the ground of race was not well founded.
The Respondent accepted that the Claimant had not been able to take daily rest breaks in accordance with Regulation 12 of the Working Time Regulations 1998, and that claim succeeded by consent. The Tribunal held that so far as that complaint related to the period before 6 August 2018 it had not been presented in time and the Tribunal had no jurisdiction to hear it.
For the period 6 to 10 August 2018, the refusal of daily rest breaks claim succeeded as conceded by the Respondent. The remedy was agreed at £14.90, and payment of that sum was ordered to be made by 1 July 2021.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The Tribunal recorded this complaint as dismissed on withdrawal. | Withdrawn | — | — |
| Holiday pay | The Tribunal recorded this complaint as dismissed on withdrawal. | Withdrawn | — | — |
| Breach of contract | The Tribunal recorded this complaint as dismissed on withdrawal. | Withdrawn | — | — |
| Unfair dismissal | The Tribunal found the automatic unfair dismissal complaint was not well founded and dismissed it. | Dismissed | — | — |
| Race discrimination | The Tribunal found the race discrimination complaint was not well founded and dismissed it. | Dismissed | Race | — |
| Working time regulations | The complaint under Regulation 12 of the Working Time Regulations 1998 succeeded by consent for 6 to 10 August 2018. The Tribunal held that any complaint relating to the period before 6 August 2018 was out of time and outside its jurisdiction. | Upheld | — | £15 |
Remedy
Monetary award- Total award
- £15
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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